Agenda - cms5.revize.com€¦ · Violations of comment procedure will result in being directed to...

City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting Tuesday, September 18, 2018 @ 5:30 PM

Commission Room, City Hall — 118 W. Central Ave. — Arkansas City, KS

I. Routine Business

1. Roll Call 2. Opening Prayer and Pledge of Allegiance 3. Additions or Deletions to the Agenda (Voice Vote) 4. Approval of the Agenda (Voice Vote)

II. Awards and Proclamations

1. Proclaim October 2, 2018, as National Night Out in Arkansas City. III. Recognition of Visitors

1. Recognize and congratulate Hannah Klaassen, Miss Kansas 2018 and Miss America contestant.

IV. Comments from the Audience for Items Not on the Agenda Each speaker will state his or her name and address before making any comments. Each speaker will have three (3) minutes to present his or her comments. Comments or questions will be directed only to the City Commission. Debate or argument between parties in the audience will not be allowed. Repeated reiterations by speakers will not be allowed. Violations of comment procedure will result in being directed to cease speaking or resume sitting.

V. Consent Agenda (Voice Vote)

Note: All matters listed below on the Consent Agenda are considered under one motion and enacted by one motion. There should be no separate discussion. If such discussion is desired, any item may be removed from the Consent Agenda and then be considered separately under Section VII: New Business.

1. Approve the September 4, 2018, regular meeting minutes as written. 2. Approve a Resolution authorizing a public meeting of the Governing Body to attend a City

Commission study session in the Agri-Business Building at 12 p.m. on September 20, 2018. 3. Approve a Resolution approving a Third Amendment to the Loan Agreement between the City of

Arkansas City and the Kansas Department of Health and Environment (KDHE), regarding the Kansas Public Water Supply Loan Project No. 2813 (Water Treatment Facility).

VI. Old Business

1. Consider a Resolution authorizing the City of Arkansas City to purchase a 2019 Jeep Cherokee Latitude 4x4 from Zeller Motor Company, of Arkansas City, for an amount not to exceed $22,200.00. (Voice Vote)

VII. New Business

1. Consider a Resolution authorizing the transfer of title of real estate located at 1203 S. G St. to Cynthia J. Weaver, in accordance with the Land Bank Policy. (Voice Vote)

2. Consider ratifying Mayor Dan Jurkovich’s appointment to the Planning Commission and Board of Zoning Appeals. (Voice Vote)

3. Consider a Resolution authorizing the City of Arkansas City to enter into a contingent engineering design, construction administration and inspection contract with Smith & Oakes, Inc., of Arkansas City, for the Community Development Block Grant (CDBG) Sleeth Addition Waterline Replacement Project, for an amount not to exceed $130,290.00. (Voice Vote)

4. Consider first reading of an Ordinance authorizing the levy of a one-percent (1%) citywide retailers’ sales tax (the “Health Care Sales Tax”) and related matters. (Roll Call Vote)

VIII. City Manager Updates

1. Downtown Sidewalk Sale 2. Final Farm and Art Market 3. National Night Out kickoff party

IX. Other Business

1. Reports: a. City Advisory Board Reports b. August Financial Summary

X. Adjournment

Office of the Mayor

Arkansas City, Kansas

Proclamation WHEREAS, the National Association of Town Watch annually sponsors National Night Out, a unique, nationwide crime, drug and violence prevention program; and WHEREAS, the 35th annual National Night Out provides a unique opportunity for Arkansas City to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, Arkansas City plays a vital role in assisting the Arkansas City Police Department through joint crime, drug, and violence prevention efforts in Arkansas City and is supporting National Night Out 2018 locally; and WHEREAS, it is essential that all citizens of Arkansas City be aware of the importance of crime prevention programs and the impact their participation can have on reducing crime, drugs, and violence in Arkansas City; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the National Night Out program. NOW, THEREFORE, I, Mayor Dan Jurkovich, do hereby call upon all citizens of the City of Arkansas City, Kansas, to join the Arkansas City Police Department and National Association of Town Watch in supporting the 35th annual National Night Out and do hereby proclaim Tuesday, October 2, 2018, as

NATIONAL NIGHT OUT in Arkansas City, Kansas. I further call upon all citizens to consider attending or supporting the annual National Night Out kickoff party, to be held from 5 to 8:30 p.m. Monday, October 1, 2018, at Wilson Park in Arkansas City.

In witness whereof I have hereunto set my hand and caused this seal to be affixed.

__________________________________

Name/Title: Dan Jurkovich, Mayor Date: September 18, 2018

Item for City Commission Action Section V Item 1

Meeting Date 9/18/2018

Department/Division City Manager

Staff Contact Andrew Lawson

Title: Consent Agenda Item: Approve the September 4, 2018, regular meeting minutes as written. Description: Please see attached documents. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Approved for Agenda by:

City Manager

City Commission of Arkansas City – Regular Meeting Minutes

September 4, 2018 Page 1

The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. Tuesday, September 4, 2018, in the Commission Room at City Hall, located at 118 W. Central Ave. Vice Mayor Jay Warren called the meeting to order. Commissioners also present at roll call were Commissioner Kanyon Gingher, Commissioner Duane L. Oestmann and Commissioner Karen Welch. Mayor Dan Jurkovich was absent. City employees present at the meeting were City Manager Nick Hernandez, City Clerk Lesley Shook, Public Information Officer Andrew Lawson, Finance Director Kathy Cornwell, Public Works Director Mike Crandall, Fire Chief Bobby Wolfe, Human Resources Manager Marla McFarland, Parks and Facilities Director Tony Tapia, and Ark City Police Department Capt. Mark McCaslin. The Equal Opportunity and Accessibility Advisory Board was represented by board chair Tammy Lanman-Henderson. Mosaic in Winfield was represented by executive director Jenny Foster-Farquhar and independent contract program manager Heather Goodman. South Central Kansas Medical Center employees in attendance were interim chief executive officer Jeff Bowman and health information manager Patricia McMains. Casey Tillman represented SCKEDD. Citizens in attendance included John Allen Furrh, Christopher Gingher, Ken Harader, Vicki Jackson, Gareth McGee, Ark City Daily Bytes reporter Jeni McGee and Cowley CourierTraveler reporter John Shelman. Vice Mayor Warren offered the opening prayer and led the pledge of allegiance. Agenda Approval Commissioner Oestmann made a motion to approve the agenda as presented. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Warren declared the agenda approved. Awards and Proclamations Vice Mayor Warren issued a proclamation that September 9-15, 2018, is Direct Support Professionals Recognition Week in Arkansas City. Jenny Foster-Farquhar, Heather Goodman and Tammy Lanman-Henderson received the proclamation on behalf of Mosaic in Winfield. Comments from the Audience Ken Harader, 1313 N. First St., addressed the commission about his curbside dumping complaint.



City Manager Hernandez said the Public Works Department is being reorganized, which will help to create more flexibility in addressing this issue. He said there could be some policy changes. Vice Mayor Warren asked about roll-off dumpsters. Hernandez explained the challenges with them. Consent Agenda Commissioner Welch made a motion to approve the consent agenda, including the following:

1. Approving the August 21, 2018, regular meeting minutes as written. 2. Approving Resolution No. 2018-09-3199, authorizing the purchase of a 2018 Dodge Ram

1500 crew-cab pickup truck from Zeller Motor Company, of Arkansas City, for an amount not to exceed $22,000.00.

3. Approving Resolution No. 2018-09-3200, authorizing a public meeting of the Governing Body to attend a Public Building Commission meeting at 5 p.m. September 18 at City Hall.

Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Warren declared the consent agenda approved. New Business

Emergency Management SUV City Clerk Shook presented for discussion a resolution authorizing the City to purchase a 2019 Jeep Cherokee Latitude 4x4 for the Neighborhood Services Division from Zeller Motor Company, of Arkansas City, for an amount not to exceed $22,200.00. City Manager Hernandez said Emergency Management Coordinator Bob Frazee uses the current vehicle frequently to inspect the City’s levee system, which requires the use of four-wheel drive. Public Works Director Crandall said the current vehicle has issues with its front suspension and tie rods. He said the vehicle makes a loud crunching sound when its four-wheel drive is engaged. Vice Mayor Warren asked if the vehicle is used by the police anymore. Hernandez and Arkansas City Police Department Capt. McCaslin said it is not, although it once doubled as a DARE vehicle. Commissioner Gingher questioned whether the vehicle needs replaced, given its moderate mileage. She asked that staff look into alternate options for repairing or rehabilitating the vehicle. Hernandez said he could have Parks and Facilities Director Tapia look into what might be wrong. The commissioners asked for the item to be tabled until Sept. 18 so maintenance can be explored.



Public Works Reorganization Ordinance No. 2018-09-4467

City Clerk Shook presented for discussion a first reading of an ordinance amending Ordinance No. 2017-12-4447, by fixing the compensation for updated City positions. Human Resources Manager McFarland said the impending retirement of Public Services Superintendent Randy Jacobs opens the option for reorganization of the Public Works Department. She said the Public Services Division will be divided into the Sanitation and Street & Stormwater divisions. Both divisions will be led by supervisors who report to Public Works Director Crandall. Those positions likely will be filled by Sanitation Lead Trence Robinson and Public Services Supervisor Brian Edwards, respectively. Both men’s current job titles/duties would be eliminated. Additionally, nine Public Services Maintenance Worker positions would be transitioned into four Sanitation Driver and five Sanitation Collector positions. The driver positions will pay slightly more due to their increased responsibilities. Collectors will not be required to have commercial driver’s licenses anymore. City Manager Hernandez said this will help address sanitation concerns. The proposed ordinance eliminates the Parks and Facilities Supervisor position. It never was filled. Vice Mayor Warren asked about adding a mechanic. Hernandez said it could be a costly venture. Commissioner Oestmann made a motion to approve the ordinance. Commissioner Welch seconded the motion. A roll call vote was unanimous in favor of the motion. Vice Mayor Warren declared the ordinance approved and given Ordinance No. 2018-09-4467.

Personnel Policy Update City Clerk Shook presented for discussion a personnel policy update: Compensation Plan (12.1). Human Resources Manager McFarland said the revised policy clearly defines minimum, mid- and maximum pay ranges. It also addresses premium pay, compensatory time and callouts on holidays. She explained why the Fire-EMS Department is exempt from most of these policy provisions. She also explained the proposed two-hour minimum for court pay and interpreter pay for police officers. Commissioner Oestmann made a motion to approve the personnel policy update. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Warren declared the motion approved.



Sleeth Addition Water Lines Resolution No. 2018-09-3201

City Clerk Shook presented for discussion a resolution authorizing the City to apply for a Community Development Block Grant (CDBG) to replace water lines in Sleeth Addition. Public Works Director Crandall said the grant requires that the City have a Certified CDBG Administrator, which is Casey Tillman, of the South Central Kansas Economic Development District. He introduced Tillman, who gave a brief overview of the project and requested a hearing. Vice Mayor Warren opened a public hearing. No one from the public spoke. He closed the hearing. Tillman said the project will replace about 13,000 of degraded 4- and 8-inch water lines, 37 valves, and 24 outdated fire hydrants in Sleeth Addition. The total project cost will be $990,890, but the CDBG grant request is for an amount not to exceed $562,000.00, with the rest paid by the City. Vice Mayor Warren asked where those funds would come from and City Manager Hernandez said the Water Fund. He projected about $1 million worth of water lines will be replaced in 2019, and whatever isn’t spent on this project will be applied to the Brad Meek and Highland neighborhoods. Commissioner Oestmann asked for clarification. Hernandez said the City will spend all of the $1 million on Brad Meek and Highland if this grant is not approved. If it is approved, whatever is left after the Sleeth Addition match will be applied to one phase of the Brad Meek Addition project. Tillman said the grant is due at the end of the month. Awards will be announced in January 2019. Commissioner Gingher made a motion to approve the resolution. Vice Mayor Warren seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Warren declared the resolution approved and given Resolution No. 2018-09-3201.

Certifying Legal Authority Resolution No. 2018-09-3202

City Clerk Shook presented for discussion a resolution certifying the legal authority to apply for the 2019 Kansas Small Cities CDBG Program from the Kansas Department of Commerce, and authorizing Mayor Jurkovich to sign and submit such an application. Vice Mayor Warren made a motion to approve the resolution. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Warren declared the resolution approved and given Resolution No. 2018-09-3202.



CDBG Operation/Maintenance Resolution No. 2018-09-3203

City Clerk Shook presented for discussion a resolution assuring the Kansas Department of Commerce that funds will be continually provided for operation and maintenance of improvements to the Ark City water system in Sleeth Addition to be financed with CDBG funds. Commissioner Oestmann made a motion to approve the resolution. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Warren declared the resolution approved and given Resolution No. 2018-09-3203.

TA Hike-Bike Trail Extension Resolution No. 2018-09-3204

City Clerk Shook presented for discussion a resolution declaring the eligibility of the City to submit an application to the Kansas Department of Transportation (KDOT) for the use of Transportation Alternatives (TA) funds set forth by MAP-21 for the Hike-Bike Trail Extension Project and authorizing Mayor Jurkovich to sign the grant application. Public Works Director Crandall said $125 billion in total federal funding was made available for MAP-21. KDOT requires a minimum of a 20-percent local match for this fiscal year 2020 program. City Manager Hernandez said the City has a unique opportunity to obtain as much as $500,000 in funding from Westar Energy as part of its new substation and high transmission line project. In addition, Cowley College’s pledge of $87,000 as part of the Carver Park deal can be applied to this. He said the estimate for the section of trail in this area is about $538,000, including a Madison crossing. The transmission line project also requires moving or relocating a water line at KanPak. Hernandez said there also is opportunity in the trails master plan to open up access to the eastern portions of the levee by constructing a pedestrian bridge over South Summit Street in this project. The City’s goal is to complete the existing hike-bike trail loop from Carver Park to the Dow Sports Complex by following the Mill Canal, going south on First Street and then Summit Street, and then proceeding west along Lincoln Avenue to Sixth Street. This will connect the main Cowley College campus to the Travis Hafner Training Center with a safe, lighted route for the entire distance. Vice Mayor Warren made a motion to approve the resolution. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Warren declared the resolution approved and given Resolution No. 2018-09-3204.



LKM Conference Delegates City Clerk Shook presented for discussion the selection of three voting delegates to the League of Kansas Municipalities’ (LKM) annual conference and business meeting on October 6-8 in Topeka. Vice Mayor Warren said he will not be able to attend because that is the weekend of Burford Theatre Arts’ Cabin Fever fundraiser, which he will be hosting. Commissioner Gingher also cannot attend that weekend. Commissioner Oestmann said he might be able to attend the LKM meeting. Vice Mayor Warren made a motion to appoint Mayor Jurkovich, Commissioner Oestmann and Commissioner Welch as voting delegates. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor. Vice Mayor Warren declared the motion approved. City Manager Updates City Manager Hernandez reminded commissioners that Health Care Sales Tax ballots are due back by noon September 6 to the Cowley County Clerk’s Office. He recommended hand delivery. Hernandez also mentioned that he will be attending the National League of Cities Conference on November 7-10 in Los Angeles and said any commissioners would be welcome to accompany him. He mentioned the City is working to apply for a moderate-income housing grant for $400,000 for the Compass Point Addition, which will consist of 54 new family-sized units off Skyline Road. Finally, Hernandez gave an overview of the ongoing improvements to the Agri-Business Building, including new ceilings in the entry area and restrooms, ADA improvements in the restrooms, new energy-efficient lighting and paneling, roof improvements, and new ceiling fans and heating units. He said there were some decision points approaching regarding how much to spend on aesthetic improvements to the interior walls and ceiling, as well as whether to remove existing tennis courts. The commissioners requested a study session at noon September 20 at the building to discuss this. Adjournment Commissioner Oestmann made a motion to adjourn the meeting. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Warren declared the meeting adjourned at 6:56 p.m.



THE CITY OF ARKANSAS CITY BOARD OF CITY COMMISSIONERS ____________________________ Jay Warren, Vice Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: _____________________________________ Andrew Lawson, Public Information Officer




Staff Contacts Nick Hernandez / Lesley Shook

Title: Consent Agenda Item: Approve a Resolution authorizing a public meeting of the Governing Body to attend a City Commission study session in the Agri-Business Building, located at 712 W. Washington Ave., at 12 p.m. on September 20, 2018. Description: The City Commission requested this study session be scheduled during its regular meeting September 4. Topics of discussion will include the ongoing Agri-Business Building renovations, bids for covering the walls and ceiling with a metal façade, and possibly removing tennis courts or changing the floor surface. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Approved for Agenda by:

City Manager

RESOLUTION NO. 2018-09-____ A RESOLUTION AUTHORIZING A PUBLIC MEETING OF THE GOVERNING BODY TO ATTEND A CITY COMMISSION STUDY SESSION IN THE AGRI-BUSINESS BUILDING, LOCATED AT 712 W. WASHINGTON AVE., AT 12 P.M. ON SEPTEMBER 20, 2018. WHEREAS, the Governing Body of the City of Arkansas City, Kansas, requested during its regular meeting September 4 that a study session be scheduled at noon September 20 at the Agri-Business Building; and WHEREAS, topics of discussion at said study session will include the ongoing Agri-Business Building renovations, bids for covering the walls and ceiling with a metal façade, and possibly removing tennis courts or changing the floor surface; and WHEREAS, to comply with the Kansas Open Meetings Act, the Governing Body of the City of Arkansas City, Kansas, must designate this upcoming study session as a public meeting of the Governing Body. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby establishes that it shall hold a public meeting at 12 p.m. on September 20, 2018, in the Agri-Business Building, located at 712 W. Washington Ave., Arkansas City, Kansas, to attend a City Commission study session. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment, and also to notify all persons requesting notice of such public meetings under the Kansas Open Meetings Act. SECTION THREE: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 18th day of September, 2018. (Seal)

Dan Jurkovich, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara L. Niles, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2018-09-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on September 18, 2018, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk



Department/Division Finance Department

Staff Contact Kathy Cornwell

Title: Consent Agenda Item: Approve a Resolution approving a Third Amendment to the Loan Agreement between the City of Arkansas City and the Kansas Department of Health and Environment (KDHE), regarding the Kansas Public Water Supply Loan Project No. 2813 (Water Treatment Facility). Description: The initial Kansas Public Water Supply Loan agreement between the City of Arkansas City and KDHE for the Water Treatment Facility (Project No. 2813) was entered into effective April 24, 2014. It since has been amended twice — once in March 2016 and again in May 2018 — for minor adjustments. The loan agreement provided the City with the option of paying the interest owed on the outstanding loan balance during the project construction period, rather than capitalizing such amount into the loan balance and increasing the outstanding balance. Due to the City’s ability to pay such interest, the overall interest and service fee amount on the loan decreased. For this reason, this third and final amendment, effective August 28, 2018, was necessary to correct the amortization schedule. The new biannual payment has been decreased to $715,205.74, paid every February 1 and August 1 through February 1, 2038. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Approved for Agenda by:

City Manager

RESOLUTION NO. 2018-09-____ A RESOLUTION APPROVING A THIRD AMENDMENT TO THE LOAN AGREEMENT BETWEEN THE CITY OF ARKANSAS CITY AND THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT (KDHE), REGARDING THE KANSAS PUBLIC WATER SUPPLY LOAN FUND PROJECT NO. 2813 (WATER TREATMENT FACILITY). WHEREAS, the City of Arkansas City, Kansas, entered into a loan agreement with the Kansas Department of Health and Environment, acting on behalf of the State of Kansas, effective as of April 24, 2014; and WHEREAS, the First Amendment to this Loan Agreement between the City of Arkansas City, Kansas, and KDHE was approved on March 15, 2016, in Resolution No. 2016-03-3025; and WHEREAS, the Second Amendment to this Loan Agreement between the City of Arkansas City, Kansas, and KDHE was approved on May 15, 2018, in Resolution No. 2018-05-3173; and WHEREAS, the City of Arkansas City, Kansas, hereby determines it is necessary to amend certain exhibits to this Loan Agreement between the City and KDHE. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby directs the Mayor of the City of Arkansas City, Kansas, to approve the Third Amendment to the Loan Agreement by and between the Kansas Department of Health and Environment, acting on behalf of the State of Kansas, and the City of Arkansas City, Kansas, effective August 28, 2018. Such amended agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 18th day of September, 2018. (Seal)


CERTIFICATE


Item for City Commission Action Section VI Item 1


Department/Division City Manager / Neighborhood Services

Staff Contact Bob Frazee

Title: Consider a Resolution authorizing the City of Arkansas City to purchase a 2019 Jeep Cherokee Latitude 4x4 from Zeller Motor Company, of Arkansas City, for an amount not to exceed $22,200.00. (Voice Vote) Description: The City of Arkansas City is in need of a new sport utility vehicle for the Neighborhood Services Division for the use of the Emergency Management Coordinator to inspect the City’s extensive levee system. This 2019 Jeep Cherokee Latitude 4x4, the purchase of which is included in the 2018 budget, will replace Unit 9027, a 14-year-old 2004 Jeep Liberty 4x4 with 71,000 miles on it. The vehicle is used off-road on the City’s levee system for inspections, as well as on various other on-road and off-road terrain. Staff received three bids and recommends purchasing this 2019 Jeep Cherokee Latitude 4x4 from Zeller Motor Company, for an amount not to exceed $22,200.00. Although Winfield Motor Company’s bid was $515.00 lower than Zeller Motor Company’s, Zeller Motor Company is an Arkansas City dealer. Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further discussion. 3. Disapprove the Resolution. Fiscal Impact: Amount: $22,200.00 Fund: 01 (General) Department: 207 (Neighborhood Services) Expense Code: 7403 (Motor Vehicles)

Included in budget Grant Bonds Other (explain) Approved for Agenda by:

City Manager

RESOLUTION NO. 2018-09-____ A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO PURCHASE A 2019 JEEP CHEROKEE LATITUDE 4X4 FROM ZELLER MOTOR COMPANY, OF ARKANSAS CITY, FOR AN AMOUNT NOT TO EXCEED $22,200.00. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the City of Arkansas City, Kansas, to purchase a 2019 Jeep Cherokee Latitude 4x4 from Zeller Motor Company, of Arkansas City, for an amount not to exceed $22,200.00. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 18th day of September, 2018. (Seal)


CERTIFICATE


COMPANY Zeller Motor Company Reedy Ford Winfield Motor Company

TRUCK MODEL 2019 Jeep Cherokee Latitude 4x4 2019 Ford Escape 4x4 2019 Jeep Cherokee Latitude 4x4

TOTAL COST 24,700.00$ 25,799.00$ 23,885.00$

TRADE IN 2,500.00$ 2,000.00$ 2,200.00$

NET COST 22,200.00$ 23,799.00$ 21,685.00$

Recommendation would be the 2019 Jeep Cherokee Latitude 4x4 from Zeller Motor Company. Although Winfield Motor Company is $515.00 lower than Zeller Motor Company, Zeller Motor Company is local.

EMERGENCY MANAGEMENT VEHICLE BID TABULATION

Item for City Commission Action Section VII Item 1



Staff Contact Josh White

Title: Consider a Resolution authorizing the transfer of title of real estate located at 1203 S. G St. to Cynthia J. Weaver, in accordance with the Land Bank Policy. (Voice Vote) Description: Cindy Weaver has submitted a request to have a Land Bank property at 1203 South G St. deeded over. Per the Land Bank Policy, established pursuant to Resolution No. 2011-06-2712, if a citizen plans to build a house on a Land Bank property within five (5) years — along with additional requirements — the City shall transfer the property to that citizen free of charge. City Manager Nick Hernandez has reviewed and approved this request. By approving this Resolution, the Governing Body also will authorize Mayor Dan Jurkovich to sign a Quit Claim Deed to the property. Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further discussion. 3. Disapprove the Resolution. Fiscal Impact: Amount: Recording fees with Cowley County Register of Deeds Fund: 01 (General) Department: 205 (Legal) Expense Code: 6214 (Other Professional Services)

Included in budget Grant Bonds Other (explain) Approved for Agenda by:

City Manager

RESOLUTION NO. 2018-09-____ A RESOLUTION AUTHORIZING THE TRANSFER OF TITLE OF REAL ESTATE LOCATED AT 1203 S. G ST. TO CYNTHIA J. WEAVER, IN ACCORDANCE WITH THE LAND BANK POLICY, ESTABLISHED PURSUANT TO RESOLUTION NO. 2011-06-2712. WHEREAS, the City of Arkansas City, Kansas, has established in Resolution No. 2011-06-2712 a policy for the sale or transfer of vacant real estate owned by the City; and WHEREAS, Cindy Weaver has made application to the City for transfer of the real estate under the Land Bank Policy as hereinabove referenced and has met all eligibility requirements. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: After due investigation and consideration, the Governing Body hereby authorizes the transfer of title to the following property:

Lots 1-2, Block 3, Sleeth Addition to Arkansas City, Cowley County, Kansas commonly known as 1203 S. G Street, Arkansas City, to Cindy Weaver, in accordance with the Land Bank Policy established by Resolution No. 2011-06-2712, to construct a new residence within 60 months of adoption of this Resolution. Should the recipient of said property fail to complete construction within this time period, or fail to comply with any applicable provision of Resolution No. 2011-06-2712, this Resolution and resulting transfer of title shall be null and void.

SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 18th day of September, 2018, with City Officials being authorized and directed to execute any and all documents necessary to consummate the purposes and intents as expressed in this Resolution and, if executed by the Mayor (or other person authorized by law to act in the event of the absence or inability of the Mayor to act), and the City Clerk is directed to attest to and affix the official seal of the City thereon. (Seal)


CERTIFICATE


STATUTORY QUIT CLAIM DEED . . GRANTOR

THE CITY OF ARKANSAS CITY, KANSAS A Municipal Corporation of the County of Cowley

and the State of Kansas, DOES HEREBY GRANT, BARGAIN, CONVEY AND QUIT CLAIM UNTO

CYNTHIA J WEAVER

All of the following lands and property, together with any and all improvements located thereon, and legally described as, to-wit: Lots 1-2 of Block 3 of Sleeth Addition to Arkansas City, Cowley County, Kansas

Commonly known as 1203 S G Street, Arkansas City, Cowley County, Kansas. Subject to easements and restrictions appearing of record. Conditions of this transfer are as follows: (1) Grantee must construct residential property upon said real estate within 60 months of the date of this Deed; (2) Grantee must properly maintain said real estate, with no notices of code violations for 12 months of the date of this Deed; and (3) all uses and construction on said real estate must comply with all applicable laws, including Arkansas City Municipal Code, including its Building and Maintenance Codes. Any violation of these conditions shall make this conveyance null and void. In such event, the Grantee, or his successors and assigns, shall execute a deed of conveyance returning the property to Grantor upon written request by Grantor. WITNESS Grantors’ hands this the ___ day of ________________, 2018. CITY OF ARKANSAS CITY

__________________________________________ By: DAN JURKOVICH, MAYOR

118 W. Central Arkansas City, KS 67005

STATE OF Kansas ) COUNTY OF Cowley ) ss: On this __ day of _________________, 2018, before me, a Notary Public within and for said County and State, having first been duly sworn under oath, personally appeared: Dan Jurkovich, who is personally known to me to be the same person who executed the foregoing instrument, and the aforenamed acknowledged said instrument to be his free and voluntary act and deed and a duly authorized act on behalf of the City of Arkansas City. In testimony whereof I have hereunto subscribed my hand and affixed my official seal the day and year last above appearing.

_________________________________________ Notary Public

My appointment expires:

NO REAL ESTATE VALIDATION QUESTIONNAIRE IS REQUIRED pursuant to Kan. Stat. Ann. § 79-1437(e)(a)(4), as the transfer of title is by way of gift, donation, or contribution




Staff Contacts Andrew Lawson / Josh White

Title: Consider ratifying Mayor Dan Jurkovich’s appointment to the Planning Commission and Board of Zoning Appeals. (Voice Vote) Description: Albert Brown Jr. — a first-term member of the Arkansas City Planning Commission and Board of Zoning Appeals — has resigned for personal reasons. The City Commission will need to choose an applicant to replace Brown on the Planning Commission and Board of Zoning Appeals. The person selected must live within the corporate City limits of Arkansas City. There currently are five residents who have applied for this board:

1. Lloyd Colston 2. Ted Kadau 3. Mell Kuhn 4. Sue Lancaster 5. Kayleigh Lawson

Colston is the most recent applicant. He is a retired emergency manager from Oklahoma who moved to Arkansas City earlier this year and he has applied for several other City advisory boards, as well. Kadau also has applied for the Building Trades Advisory Board. Kuhn is a former city commissioner. Lancaster previously served on the Outstanding Student Award Committee, but was not reappointed. Lawson currently chairs the Arkansas City Public Library Board of Directors and is the only resident, other than Colston, who submitted an application this year. Kadau, Kuhn and Lancaster all applied back in 2016. Staff and the Board/Planning Commission do not have a recommendation for filling this vacancy, so the City Commissioners may appoint whichever applicant they see fit. Commission Options: 1. Ratify Mayor Jurkovich’s appointment to the Planning Commission and Board of Zoning Appeals. 2. Table the appointment for further discussion.

Approved for Agenda by:

City Manager

1

Josh White

From: Albert Brown [[email protected]]Sent: Saturday, September 08, 2018 9:18 AMTo: JoshSubject: Josh, I am giving you notice that I am removing myself from membership on the Arkansas

City Planning Commission/Board of Appeals. I cannot any longer, ethically, have my name associated with a Sanctioned Board that votes on an item, then a few members dec

Board Vacancies as of September 12, 2018

Board, Commission, Committee or Council Board and/or Staff Recommendations

Applications Received (Interest Expressed)

Community Spirit Award Committee Accepting applications Cowley County Council on Aging ― 1 Vacancy Mike Crandall Equal Opportunity and Accessibility Advisory Board

Joaquin Retana, Daniel Yocum

Historic Preservation Board Nancy Holman, Jill Wineinger Northwest Community Center Advisory Board Wesley Bradford Planning Commission/Board of Zoning Appeals ― 1 Vacancy

Lloyd Colston, Ted Kadau, Mell Kuhn, Sue Lancaster, Kayleigh Lawson

Planning Commission (3-Mile Growth Area) Ron Slaven

Potential Upcoming Reappointments

Board/Commission/Committee/Council Member(s) / Term Expiration Date Notes

Planning Commission Brian Wells / February 1, 2018 Does not technically live in 3-mile growth area

Beautification and Tree Advisory Board Paisley Howerton, Peggy Soule / January 1, 2019 Soule serves as vice chair

Community Spirit Award Committee JoAnn Bierle / January 1, 2019 Appointed to 1-year term

Convention and Visitors Bureau Board of Directors

Carlla Pike / January 1, 2019 At Large / Treasurer Dena Ward / January 1, 2019 Tourism Representative

Equal Opportunity and Accessibility Advisory Board

Ethan Bartlett / January 1, 2019 Member with disability JoAnn Bierle / January 1, 2019 Former HRC member

Arkansas City Public Library Board of Trustees Duane Oestmann / January 8, 2019 City Commission

representative (ex officio) Convention and Visitors Bureau Board of Directors Duane Oestmann / January 8, 2019 City Commission

representative (ex officio)

Building Trades Advisory Board

Carl Bowman / February 1, 2019 Master Plumber Jace Kennedy / February 1, 2019 At Large (Electrician) Brian Mayfield / February 1, 2019 Master Electrician Ken Miller / February 1, 2019 Master Mechanical

Historic Preservation Board Jean Snell / February 1, 2019 Represents Ark City Arts

Northwest Community Center Advisory Board

Ruben Garcia / February 1, 2019 Serves as board chairman Gary Hale / February 1, 2019 Serves as vice chairman

Outstanding Student Award Committee Tammy Lanman-Henderson, Dennis Rittle / February 1, 2019

Rittle served as co-chair in 2018

Applications Received / No Current Vacancies

Name Interest in serving on:

Tyler Anstine South Central Kansas Medical Center Board of Trustees

JoAnn Bierle Convention and Visitors Bureau Board of Directors

Jerry Campbell Convention and Visitors Bureau Board of Directors

Lloyd Colston Planning Commission / Board of Zoning Appeals

Mike Dobson Arkansas City Recreation Commission

Jonathan Hansen South Central Kansas Medical Center Board of Trustees

Nancy Holman Beautification and Tree Advisory Board Historic Preservation Board

Vicki Jackson South Central Kansas Medical Center Board of Trustees

Ted Kadau Building Trades Advisory Board Planning Commission / Board of Zoning Appeals

Mell Kuhn Planning Commission / Board of Zoning Appeals

Sue Lancaster Planning Commission / Board of Zoning Appeals

Kayleigh Lawson Convention and Visitors Bureau Board of Directors Planning Commission / Board of Zoning Appeals

Bob Mathews South Central Kansas Medical Center Board of Trustees

Dr. John Seitz South Central Kansas Medical Center Board of Trustees

Michael Taylor Building Trades Advisory Board South Central Kansas Medical Center Board of Trustees

Charles Tweedy City Commission (if a vacancy occurs by resignation) Convention and Visitors Bureau Board of Directors

Jill Wineinger Historic Preservation Board

City Boards, Commissions, Councils, Committees Volunteer Form

_^ ,/ ***«*• 7<&? AJ~ fName: T hS^S^S2£U^ 9^/?SPhone: , Alternative Phone:Email: Title: _Company: y^^k/f^PU f Jd?n C^DnT Years lived in Arkansas City: KD^^t^t^

Professional Associations/ Honors:

Previous Civic Involvement:

^/^n c C/t>b A<J\/. fbr Co/Aye (?&iry? hc>r)r</

Appointment(s) applying for (please indicate your choice(s)-when a vacancy occurs, you will be

contacted):

I | Accessibility Advisory Board |_J NWCC Building Advisory Boardt^P"" Board ofZoningAppeals LJ Outstanding Young StudentCommitteeI | City Beautification &Tree Advisory Board 4*?T Planning CommissionI | Convention &Tourism Committee Public BuildingCommission

Historical PreservationBoard O Recreation BoardHuman Relations Commission [~] Retired Citizens Advisory Board

Z\ Library Board D SCKRMC Board of Trustees

Reason for interest in appointment:

Signature:

-Applicants must be appointed by the Mayor with the consent of the City Commission'

Mail/Deliver to:Lesley Shook, City Clerk

City of Arkansas City118 West Central

Arkansas City, KS 67005Or you can e-mail to: [email protected]


Name: MfcX-j ^ i\ Up \Jjfi Address: ^Xl uj UTXa) QQ£_Phone: Alternative Phone:Email: Job Title: £&&£,Company: jZ-^JLjiU Years lived inArkansas City: ^2Jz>

Professional Associations/ Honors:

Previous Civic Involvement:

Appointment(s) applying for (please indicate your choice(s)-whena vacancy occurs, you will becontacted):

1 | , Accessibility Advisory Board\T\ Board ofZoning Appeals I If~l City Beautification &Tree Advisory Board 0

Convention & Tourism Committee

Historical Preservation Board I IHuman Relations Commission \\\

I | Library Board \Z\

Reason for interest in appointment:

Signature: 'Ahmm

NWCC Building Advisory Board

Outstanding Young Student CommitteePlanning Commission

Public Building Commission

Recreation Board

Retired Citizens Advisory Board

SCKRMC Board of Trustees

Da.e: 7pj /I/,-Applicants must be appointed by the Mayor with the consent of the City Commission-

Mail/ Deliver to:Lesley Shook, City Clerk




Name: 0^ Zftfrfo^ZK.Phone:

Email:Company: faUtM. CsuthgkM.

Professional Associations/Honors:

stAddress: 22f *ft , />4fas^Alternative Phone:

Job Title:

-

Years lived in Arkansas City: i^r<

Previous Civic Involvement: /

^ g;^ Lrj-zflPtcjLj CouJuL Pte&OeiFC

Appointment(s) applying for (please indicate your choice(s)-when a vacancy occurs, you will becontacted):

•

••••

Accessibility Advisory BoardBoard of Zoning Appeals

City Beautification & Tree Advisory BoardConvention & Tourism Committee fl

Historical Preservation Board I I

Human Relations Commission

Library Board [j

Q NWCC Building Advisory BoardOutstanding Young Student Committee

Planning Commission

Public Building CommissionRecreation Board

Retired Citizens Advisory BoardSCKRMC Board of Trustees

Reason for interest in appointment: ^stf Hv^nA^jL^ l/\kxL

Signature:

~Applicants must be appointed by the Mayor with the consent of the City Commission'

Mail/Deliver to:Lesley Shook, City Clerk



U Date: ff/^J;^



Department/Division Public Works / Environmental Services

Staff Contact Mike Crandall

Title: Consider a Resolution authorizing the City of Arkansas City to enter into a contingent engineering design, construction administration and inspection contract with Smith & Oakes, Inc., of Arkansas City, for the Community Development Block Grant (CDBG) Sleeth Addition Waterline Replacement Project, for an amount not to exceed $130,290.00. (Voice Vote) Description: This is the final action item required as part of the City of Arkansas City’s CDBG application to the Kansas Department of Commerce. That application must be submitted prior to the end of this month. The City Commission held a public hearing September 4 and voted unanimously to proceed with this project. This contingency contract will be submitted with the City’s application for the CDBG funding. The contract is contingent upon approval and award of a Community Development Block Grant. The City of Arkansas City is a applying for a CDBG grant to replace water lines in Sleeth Addition. The water lines are approximately 100 years old and made of cast iron. The City has received numerous complaints of red water and bad odor in recent years. This project also will improve fire protection. The Sleeth Addition Waterline Replacement Project will include replacing the existing water lines (mostly 4-inch diamater) with 6-inch water lines and replace existing 8-inch water lines with the same-sized lines. In addition, new fire hydrants, water valves and service connections will be replaced due to the increase in the size of the water lines. The total construction cost will be $990,890.00. The CDBG grant request is for the maximum of $562,000.00, with the remaining portion to be paid by the City from its Water Fund. Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further discussion. 3. Disapprove the Resolution. Fiscal Impact: Amount: $130,290.00 Fund: 16 (Water) Department: 653 (Distribution) Expense Code: 6214 (Other Professional Services)

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:

City Manager

RESOLUTION NO. 2018-09-____ A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ENTER INTO A CONTINGENT ENGINEERING DESIGN, CONSTRUCTION ADMINISTRATION AND INSPECTION CONTRACT WITH SMITH & OAKES, INC., OF ARKANSAS CITY, FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT SLEETH ADDITION WATERLINE REPLACEMENT PROJECT, FOR AN AMOUNT NOT TO EXCEED $130,290.00. WHEREAS, the City of Arkansas City, Kansas, is a legal governmental entity as provided by the laws of the State of Kansas; and WHEREAS, the City of Arkansas City, Kansas, is a applying for Small Cities Community Development Block Grant (CDBG) Program funds to replace water lines in Sleeth Addition that are approximately 100 years old and made of cast iron; and WHEREAS, the City of Arkansas City, Kansas, has received numerous complaints of red water and bad odor from these water lines in recent years, and this project also will improve fire protection; and WHEREAS, the Sleeth Addition Waterline Replacement Project will replace existing water lines (mostly 4 inches in diamater) with 6-inch water lines and existing 8-inch water lines with the same-sized lines; and WHEREAS, the Sleeth Addition Waterline Replacement Project also will include new fire hydrants, water valves and service connections, to be replaced due to the increase in the size of the water lines; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, held a public hearing September 4, 2018, to hear alternate project suggestions from citizens, as well as comments on this project; and WHEREAS, after hearing no public comments, the Governing Body of the City of Arkansas City, Kansas, voted unanimously to apply for CDBG funds for the project, certify its legal authority to apply for such funds, authorize Mayor Dan Jurkovich to sign and submit such application, and assure the Kansas Department of Commerce that funds will be continually provided for the operation and maintenance of these improvements to the Arkansas City water system that would be financed with CDBG funds; and WHEREAS, the City of Arkansas City, Kansas, desires to contract with Smith & Oakes, Inc., of Arkansas City, for contingent engineering design, construction administration and inspection services, for an amount not to exceed $130,290.00, only in the event that CDBG funds are awarded for this project; and WHEREAS, the CDBG grant request will be for the maximum of $562,000.00, with a remaining minimum construction portion of $428,890.00 to be paid by the City of Arkansas City, Kansas, from its Water Fund. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the City of Arkansas City, Kansas, to enter into a contingent engineering design, construction administration and inspection contract with Smith & Oakes, Inc., of Arkansas City, for the Community Development Block Grant (CDBG) Sleeth Addition Waterline Improvement Project, for an amount not to exceed $130,290.00. Such funds only will be expended if CDBG Program funds are awarded and this contract is contingent upon such an award.

SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby reaffirms its authorization of the Mayor of Arkansas City, Kansas, to act as the City’s official representative in signing and submitting an application for assistance to the 2019 Community Development Block Grant Program. SECTION THREE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION FOUR: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 18th day of September, 2018. (Seal)


CERTIFICATE


AGREEMENT FOR ENGINEERING DESIGN SERVICES

BETWEEN

THE CITY OF ARKANSAS CITY, KANSAS

AND

SMITH & OAKES, INC.

FOR

SLEETH ADDITION WATER LINE IMPROVEMENTS

NOW EFFECTIVE ON THIS day of SEPTEMBER 2018, this Agreement is made and entered into, BY AND BETWEEN THE CITY OF ARKANSAS CITY, KANSAS, a Municipal Corporation, hereinafter referred to as "OWNER", AND SMITH & OAKES, INC. hereinafter referred to as "ENGINEER". WITNESSETH: WHEREAS, the OWNER hereby contracts with the ENGINEER for services hereafter outlined for the "SLEETH ADDITION WATER LINE IMRPOVEMENTS", herein referred to as the PROJECT. NOW THEREFORE, the parties hereto agree to be bound as follows: SECTION 1. GENERAL PROJECT DESCRIPTION The OWNER has requested that the ENGINEER provide engineering design and bidding services for the replacement of waterlines and appurtenances, as generally indicated on the attached sketch. SECTION 2. SCOPE OF SERVICES A complete list of work tasks describing the services to be performed by the ENGINEER under this Agreement is appended as Exhibit A.

SECTION 3. RESPONSIBILITY OF THE OWNER The OWNER agrees to provide the following pursuant to the ENGINEER accomplishing the Scope of Services outlined herein: 1. Provide access to the site. 2. Secure the necessary easements (permanent and temporary for construction) and all right-of-way acquisitions for the project, if necessary. 3. Furnish copies of all existing plans, drawings, maps, records, reports, files and any other information relevant to the PROJECT. SECTION 4. TIME OF PERFORMANCE The ENGINEER shall commence work on the PROJECT within ten (10) days following receipt of an executed (signed and dated) Agreement from the OWNER and shall complete all work described in Exhibit A within 90 days, thereafter. SECTION 5. PAYMENT PROVISIONS For services performed under this Agreement the OWNER will reimburse the ENGINEER the following lump sum fees for the Engineering Design, Construction Administration and Staking items of work. Compensation for Inspection Services shall be not-to-exceed the value shown below for Inspection Services. Inspection fees are based on 75 calendar days of inspection with 5 day work weeks at 8 hours per day. ENGINEERING DESIGN $ 71,450 CONSTRUCTION ADMIN. $ 6,100 INSPECTION SERVICES $ 52,740 TOTAL $130,290 SECTION 6. SUPPLEMENTAL SERVICES Any work requested by the OWNER that is not included in the Scope of Services will be classified as Supplemental Services. Supplemental Services shall include, but are not limited to, the following: 1. Changes in general scope, extent, or character of the project or its design, including but not limited to changes in size, complexity, OWNER’s schedule, character of construction or method of financing; and revising previously accepted studies, reports, or design documents when such revisions are required by changes in laws, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies/reports/documents or designs or due to any other causes beyond the ENGINEER’s control. 2. Geotechnical investigations or soil analysis.

SECTION 7. OTHER MATTERS Any action or claims arising out of or related to this Agreement or the project that is the subject of this Agreement shall be governed by Kansas law. Good faith negotiation and mediation are express conditions precedent to the filing of any legal action. Mediation shall be conducted in accordance with the latest edition of the Construction Mediation Rules of the American Arbitration Association. The OWNER or ENGINEER shall not assign, transfer, or sublet any rights, duties, or interests accruing from the Agreement without the prior written consent from the other party. This Agreement shall be binding upon both, the OWNER and ENGINEER, their respective successors and assigns. This Agreement and attachments hereto comprise the entire agreement between the OWNER and ENGINEER. The Agreement may be altered only by Supplemental Agreement. IN WITNESS WHEREOF, the parties hereto have executed the Agreement the day and year first above written. OWNER: CITY OF ARKANSAS CITY, KANSAS BY: __________________________ Dan Jurkovich, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk ENGINEER: SMITH & OAKES, INC. BY: __________________________ Chris Meinen, President

EXHIBIT A

TO

AGREEMENT FOR ENGINEERING DESIGN SERVICES

BETWEEN

THE CITY OF ARKANSAS CITY, KANSAS

AND

SMITH & OAKES, INC.

FOR

SLEETH ADDITION WATER LINE IMPROVEMENTS

SCOPE OF SERVICES

BASIC SERVICES: The scope of Basic Services for this project is as follows. Work under any particular phase or stage, if applicable, will not proceed until OWNER authorizes ENGINEER in writing to proceed. I. Engineering Design Services: A. Initial Activities:

1. Attend a project start-up meeting with OWNER to discuss project goals, individual responsibilities, and obtain information available at that time.

2. Contact utility owners and obtain record as-built information. 3. Obtain record of ownerships, right-of-entry, and GIS

information for use in depicting boundary information on base drawings.

4. Obtain right-of-way record information for use on base drawings.

5. Obtain topographic design survey of the project area. 6. Establish site control, set benchmarks, and establish ties to

known section corners. B. Field Check Design:

1. Prepare the base sheets to be used for the project drawings

2. Determine the new waterline alignment for each respective replacement section.

3. Develop construction sequencing plans to minimize water service interruption.

4. Review the alignment and design with respect to utility locations, topographic features, existing right-of-way, and property ownerships.

5. Prepare field check drawings and details. 6. Prepare draft project specifications. 7. Attend a Field Check review meeting with the OWNER. 8. Develop a preliminary cost estimate.

C. Office Check Design:

1. Revise waterline alignments, drawings and details based upon comments received.

2. Revise project specifications based on comments received. 3. Attend office check meeting with OWNER. 4. Obtain all necessary local and state permits. 5. Develop Storm Water Pollution Prevention Plan and submit

Notice of Intent to KDHE for approval. 6. Submit plans to KDHE for approval. 7. Attend an Office Check review meeting with the OWNER. 8. Revise and update the cost estimate

D. Bid Documents and Pre-bid Services:

1. Prepare final revisions to drawings and bid documents. 2. Provide final Engineer’s estimate of probable costs. 3. Prepare one (1) bid package for all prospective bidders. 4. Prepare any Addenda to plans and specifications, if

necessary. 5. Assist the OWNER at the bid opening. 6. Review bids and provide a recommendation to OWNER.




Staff Contacts Nick Hernandez / Tamara Niles

Title: Consider first reading of an Ordinance authorizing the levy of a one-percent (1%) citywide retailers’ sales tax (the “Health Care Sales Tax”) and related matters. (Roll Call Vote) Description: After a public vote, the citizens of Arkansas City approved a new long-term, one-cent general sales tax to pay the hospital bonds, with approximately 66 percent voting in favor. To implement the tax, the City Commission must adopt an ordinance implementing the tax effective January 1, 2019, and also repealing the prior half-cent and one-cent sales tax currently on the tax rolls. This will reduce sales tax to 8.5%. The attached ordinance implements the new Health Care Sales Tax. Commission Options: 1. Approve the Ordinance. 2. Table the Ordinance for a second reading Oct. 2. 3. Disapprove the Ordinance. Approved for Agenda by:

City Manager

600020.20000\SALES TAX ORDINANCE V.1

Gilmore and Bell P.C. 09/13/2018

ORDINANCE NO. 2018-09-[____]

AN ORDINANCE OF THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AUTHORIZING THE LEVY OF A ONE PERCENT (1%) CITY-WIDE RETAILERS’ SALES TAX AND RELATED MATTERS.

WHEREAS, pursuant to the provisions of K.S.A. 12-187 et seq. (the “Act”), the City of Arkansas City, Kansas (the “City”) is authorized to impose a local retailers’ sales tax upon all retail sales within the boundaries of the City, except as specifically exempted by the Act; and WHEREAS, pursuant to the Act, the electors of the City have heretofore approved propositions to authorize the levy of the following City-wide retailers’ sales taxes:

(a) one percent (1%) perpetual sales for general purposes, approved in 1985 (the “1985 Sales Tax”); and

(b) one-half percent (0.50%) for financing the construction and equipping of a new hospital

facility in the City known as the South Central Kansas Medical Center (the “Medical Center”) and the costs of operation thereof, commencing on April 1, 2009 and ending on March 31, 2019 (the “2009 Medical Center Sales Tax”); and

(c) one percent (1%) for financing the costs of operation of a hospital facility in the City,

commencing on October 1, 2016 and ending on September 30, 2026 (the “2016 Sales Tax”); and

WHEREAS, the 1985 Sales Tax and the 2009 Medical Center Sales Tax were imposed for general purposes and the 2016 Sales Tax was imposed for a special purpose; and WHEREAS, in order to finance payment of: (a) costs of the existing financial obligations incurred in the original construction of the Medical Center; (b) costs associated with refinancing the existing financial obligations incurred in the original construction of the Medical Center to obtain more favorable terms thereof; (c) purchasing and repairing equipment of the Medical Center; (d) compensating the Medical Center for operational expenses and supplies incurred in delivering uncompensated medical care; and (e) other health care related services provided in or for the City; the governing body of the City (the “Governing Body”) deemed it advisable to call a special question election in the City on September 6, 2018 for the purpose of submitting to the qualified electors of the City the following question:

Shall the following be adopted?

Shall the City of Arkansas, Kansas, be authorized to impose a one percent (1.00%) Citywide retailers’ sales tax (the “2018 Health Care Sales Tax”), the proceeds of which shall be used only to finance payment of: (a) costs of the existing financial obligations incurred in the original construction of the South Central Kansas Medical Center (the “Medical Center”); (b) costs associated with refinancing the existing financial obligations incurred in the original construction of the Medical Center to obtain more favorable terms thereof; (c) purchasing and repairing equipment of the Medical Center; (d) compensating

600020.20000\SALES TAX ORDINANCE V.1 2

the Medical Center for operational expenses and supplies incurred in delivering uncompensated medical care; and (e) other health care related services provided in or for the City; the collection of the 2018 Health Care Sales Tax to commence on January 1, 2019, or as soon thereafter as permitted by law; all pursuant to K.S.A. 12-187 et seq. and K.S.A. 25-431 et seq., as amended; and upon the effective date of collection of the 2018 Health Care Sales Tax, the collection of: (i) the one-half percent (0.50%) special sales tax imposed in 2009 for the financing of the construction, equipping and operation of a new hospital facility; and (ii) the one percent (1%) special sales tax imposed in 2016 for financing the costs of operation of a hospital facility in the City; shall be terminated pursuant to K.S.A. 12-187 et seq., as amended?

WHEREAS, the question of the imposition of the 2018 Health Care Sales Tax was approved by a majority of the qualified electors of the City voting on that proposition at the special question election; and WHEREAS, pursuant to the provisions of K.S.A. 12-187 et seq. and the special question election, the Governing Body deems it necessary and advisable to authorize the imposition of the 2018 Health Care Sales Tax for the purposes described above, which constitutes a sales tax imposed for general purposes, and to provide for the termination of the 2009 Medical Center Sales Tax and the 2016 Sales Tax upon the effective date of the 2018 Health Care Sales Tax. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION 1. Implementation of the 2018 Health Care Sales Tax. The levy of the one percent (1%) 2018 Health Care Sales Tax and the application of the revenue received therefrom is hereby authorized. In accordance with K.S.A. 12-191, collection of the 2018 Health Care Sales Tax shall commence on January 1, 2019, or as soon thereafter as permitted by law. SECTION 2. Termination of the 2009 Medical Center Sales Tax and the 2016 Sales Tax. The termination of the existing 2009 Medical Center Sales Tax and the 2016 Sales Tax is hereby authorized. Such terminations shall occur upon the effective date of collection of the 2018 Health Care Sales Tax, which is scheduled to occur on January 1, 2019, or as soon thereafter as permitted by law. SECTION 3. Department of Revenue Submittal. The Clerk, upon passage of this Ordinance, shall provide a certified copy of the same to the State Director of Taxation pursuant to K.S.A. 12-189 and request the implementation of the 2018 Health Care Sales Tax and the termination of the 2009 Medical Center Sales Tax and the 2016 Sales Tax in accordance with the provisions hereof. SECTION 4. Effective Date. This Ordinance shall be effective upon passage by the Governing Body, execution by the Mayor and publication once in the official City newspaper.

[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]

600020.20000\SALES TAX ORDINANCE (Signature Page to Ordinance)

PASSED by the governing body of the City of Arkansas City, Kansas on September 18, 2018, and SIGNED by the Mayor.

Dan Jurkovich, Mayor (SEAL) ATTEST: Lesley Shook, City Clerk


600020.20000\SALES TAX ORDINANCE (Certificate to Ordinance)

CERTIFICATE I hereby certify that the foregoing is a true and correct copy of the original ordinance; that the Ordinance was passed on September 18, 2018; and a summary thereof was published in The Cowley CourierTraveler on September 21, 2018. DATED: September 21, 2018.

Lesley Shook, City Clerk

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]


(Published in The Cowley CourierTraveler on September 21, 2018)

SUMMARY OF ORDINANCE NO. 2018-09-[____] On September 18, 2018, the governing body of the City of Arkansas City, Kansas (the “City”), passed an ordinance entitled:


The Ordinance authorizes the imposition of a one percent (1%) City-wide retailers’ sales tax (the “2018 Health Care Sales Tax”) to finance payment of: (a) costs of the existing financial obligations incurred in the original construction of the South Central Kansas Medical Center (the “Medical Center”); (b) costs associated with refinancing the existing financial obligations incurred in the original construction of the Medical Center to obtain more favorable terms thereof; (c) purchasing and repairing equipment of the Medical Center; (d) compensating the Medical Center for operational expenses and supplies incurred in delivering uncompensated medical care; and (e) other health care related services provided in or for the City. The Ordinance also authorizes the termination of (1) the existing 0.5% City-wide retailers’ sales tax that financed the construction and equipping of the Medical Center and the operational costs thereof and (2) the existing 1% City-wide retailers’ sales tax that financed the costs of the operation of the hospital facility in the City. The collection of the 2018 Health Care Sales Tax, and the termination of these two existing sales taxes, is anticipated to occur on January 1, 2019, or as soon thereafter as permitted by law. The question of levying the 2018 Health Care Sales Tax was approved by the electors of the City at a special question election on September 6, 2018. A complete text of the Ordinance may be obtained or viewed free of charge at the office of the Clerk. A reproduction of the Ordinance is available for not less than 7 days following the publication date of this Summary at www.arkcity.org. This Summary is hereby certified to be legally accurate and sufficient pursuant to the laws of the State of Kansas. DATED: September 18, 2018.

Tamara L. Niles, City Attorney

http://www.arkcity.org/


Gilmore and Bell P.C. 09/13/2018

EXCERPT OF MINUTES OF A MEETING

OF THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS

HELD ON SEPTEMBER 18, 2018 The governing body met in regular session at 5:30 p.m. The Mayor presided and the following members of the governing body were present:

Absent: The Mayor declared that a quorum was present and called the meeting to order.

* * * * * * * * * * * * * * * * (Other Proceedings)

An Ordinance was presented entitled:


Commissioner _______________ moved that the Ordinance be passed. The motion was seconded by Commissioner _______________. The Ordinance was duly read and considered, and upon being put, the motion for the passage of the Ordinance was carried by the vote of the governing body as follows:

Aye: Nay: A majority of the Commissioners having voted in favor of the Ordinance, it was declared duly passed and the Ordinance was then duly numbered Ordinance No. 2018-09-[____], and was signed by the Mayor and attested by the Clerk. The Clerk was further directed to publish the Ordinance or a summary thereof one time in the official newspaper of the City and forward a certified copy of the ordinance to the State Director of Taxation.

* * * * * * * * * * (Other Proceedings)


600020.20000\SALES TAX ORDINANCE (Signature Page to Excerpt of Minutes)

CERTIFICATE

I hereby certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the governing body of the City of Arkansas City, Kansas held on the date stated therein, and that the official minutes of such proceedings are on file in my office. (SEAL)

Clerk

Item for City Commission Action Section IX Item 1a



Staff Contact Andrew Lawson

Title: City Advisory Board Reports Description: The following approved board minutes are included in this packet:

• June 11 — Retired Citizens Advisory Council • August 13 — Arkansas City Planning Commission

Commission Options: 1. No action needed. Approved for Agenda by:

City Manager

Retired Citizens Advisory Council

Arkansas City, Kansas

Meeting: June 11, 2018

Meeting was held at the Arkansas City, Kansas Senior Center convening at 1:15pm.

In Attendance: Mrs. Carol Goldwater Mr. Larry Gilmore

Mrs. Jerri Achenbach

Mr. Jerry Campbell Mr. Glen Morrison

Kristin Sparks Andrew Lawson

Meeting was brought to order with prayer by Carol Goldwater.

Previous meeting minutes were approved with date correction by Glen, 2nd by Jerri. Minutes approved.

Old Business: Discussion on how well the Dances went. Update was given on needed van. Update was given on TV room.

New Business:

Andrew gave information on tax issues and update on hospital. There will be a town hall meeting on Thursday June 28th.

Update was given on Senior Center events and happenings.

Motion was made by Jerri to adjourn meeting, second given by Jerry, meeting adjourned.

Next Meeting – September 10, 2018 @ 1:15pm

Submitted by: Kristin Sparks, Director of Senior Services

Arkansas City Planning Commission City Hall Commission Room 118 W Central Ave Board of Zoning Appeals

Call meeting to order on August 13, 2018 at 5:30 PM:

Prior to roll call, Dotty Smith was sworn in.

Roll Call: Mary Benton [x ] Albert Brown [ ] Charles Jennings [x ] Mike Munson [ ] Andy Paton [x ]

Dr. Scott Rogers [x ] Dotty Smith [x ] Chris Tackett [x ] Brian Wells [ x] Staff present at roll call were Principal Planner Josh White and Public Information Officer Andrew Lawson. No members of the public were present.

1. Declaration: At this time I would like to ask the Planning Commission members to make a declaration of any conflict of interest or of any Ex parte or outside communication that might influence their ability to hear all sides on any item on the agenda so they might come to a fair decision.

No such declarations were made.

2. Public Comments: Persons who wish to address the Planning Commission regarding items not on the agenda. Speakers will be limited to three minutes. Any presentation is for information purposes only. No action will be taken.

No members of the public brought any comments for items not on the agenda.

3. Consent Agenda:

Meeting Minutes, May 8, 2018 meeting.

A motion was made Benton and seconded by Paton to approve the May 8, 2018 meeting minutes as written. Voice vote

carried the motion.

4. Recommend a representative to the Historic Preservation board

Rogers opened the floor for nominations. Jennings nominated himself to the Historic Preservation Board. Paton

seconded the nomination. Rogers asked if there were any other nominations and seeing none called for a voice vote.

Voice vote carried the motion. White said this recommendation would be forwarded to the City Commission for

appointment.

5. Hold a worksession to consider amendments to the Zoning and Subdivision Regulations

Rogers turned the meeting over to White for a discussion of the proposed amendments. White stated the amendments

to Article 2 were primarily related to clarifying some definitions regarding housing. He specifically mentioned the

definition of mobile homes and clarified that although mobile homes were prohibited in the City, manufactured homes

were not. It is important to fully read the definition and realize that the manufacture date is key. Smith asked about

existing homes that were already in place would be allowed to continue. White confirmed this would be considered a

legal non-conforming use and allowed to continue. The only Article 6 change was to clarify that single family dwellings

included residential-design manufactured homes and modular homes. The change to Article 9 adds the requirement for

commercial development to include a sidewalk along their frontage. This item is often requested by the Technical

Advisory Committee. Jennings asked about exceptions to this provision. White stated the Board of Zoning Appeals

could hear requests for exceptions under this provision. White also noted the main need for this involves the Summit

Street corridor. The changes to Article 22 regarded design standards for parking lots. The standards didn’t meet ADA

standards and had some other issues, so staff chose to remove the diagrams from the regulations in favor of the city

adopted diagrams separately. White also added that some of this would eliminate the need to amend the regulations

every time a design change needed to be implemented. Paton noted that it may be a good idea to not call out a specific

set of ADA standards but to generalize the statement to say the most current set of regulations should be complied

with. White indicated he would make that change. Rogers reiterated the need to be clear on when manufactured

homes were allowed versus mobile homes being prohibited. The changes proposed to Article 11 of the Subdivision

regulations regarded when a lot split was required. Smith asked about the difference between a commercial and

residential lot split. White explained that the main reason for the language change had to do with commercial lot splits

and when a structure was considered accessory or not. Planning Commissioners agreed to schedule the public hearing

for September 11.

6. Other Items: There are no items to go before the Board of Zoning Appeals

There was no further business from staff. White did mention an impending sign variance application but couldn’t

elaborate since the application had not yet been filed.

7. Adjournment:

A motion to adjourn was made by Jennings and seconded by Benton. Voice vote carried the motion.

Fund

1/1/2018

Beginning Cash

Balance Receipts Disbursements

08/31/2018

Ending Cash

Balance Budget Encumbrances

Budget Variance

Favorable

(Unfavorable)

%

Remaining

(33%)

01 - GENERAL FUND 1,035,742$ 6,504,311$ 6,091,802$ 1,448,251$ 10,558,582$ 22,480$ 4,444,300$ 42%

15 - STORMWATER FUND 382,572$ 174,298$ 130,340$ 426,530$ 606,800$ -$ 476,460$ 79%

16 - WATER FUND 3,309,661$ 6,013,327$ 4,922,432$ 4,400,556$ 5,821,224$ 266,018$ 632,774$ 11%

18 - SEWER FUND 3,540,591$ 1,414,596$ 674,494$ 4,280,692$ 4,341,948$ 8,371$ 3,659,083$ 84%

19 - SANITATION FUND 796,541$ 1,063,521$ 721,328$ 1,138,734$ 1,771,538$ 13,970$ 1,036,240$ 58%

20 - SPECIAL RECREATION FUND 29,071$ 5,599$ -$ 34,669$ 30,000$ -$ 30,000$ 100%

21 - SPECIAL STREET FUND 342,634$ 607,065$ 295,702$ 653,998$ 772,723$ 125,914$ 351,107$ 45%

23 - TOURISM/CONVENTION FUND 24,462$ 87,160$ 95,820$ 15,802$ 128,500$ -$ 32,680$ 25%

26 - SPECIAL ALCOHOL FUND 74,243$ 15,858$ 4,980$ 85,120$ 20,000$ -$ 15,020$ 75%

27 - PUBLIC LIBRARY FUND -$ 298,901$ 298,901$ -$ 366,250$ -$ 67,349$ 18%

29 -SPECIAL LAW ENF TRUST FUND 11,682$ 6,446$ 1,974$ 16,155$

42 - HOSPITAL IMPROVEMENT FUND 1,037,162$ 1,606,120$ 1,885,505$ 757,777$ 2,275,000$ -$ 389,495$ 17%

43 - BOND & INTEREST FUND 164,474$ 755,579$ 50,043$ 870,011$ 1,525,185$ -$ 1,475,143$ 97%

51 - DRUG TASK FORCE FUND 33,300$ 9,579$ 3,577$ 39,302$

53 - MUNICIPAL COURT FUND 15,667$ -$ 580$ 15,087$

54 - EQUIPMENT RESERVE FUND 200,946$ -$ -$ 200,946$

57 - CID SALES TAX FUND 2,722$ 22,824$ 21,900$ 3,646$ 50,000$ -$ 28,100$ 56%

68 - CAPITAL IMPROVEMENT FUND 499,232$ 2,395,459$ 2,392,515$ 502,177$

TOTALS 11,500,702$ 20,980,643$ 17,591,891$ 14,889,454$ 28,267,750.00$

INDEBTEDNESS:

GO SERIES 2008A BONDS 310,000$

GO SERIES 2009A BONDS 465,000$

GO SERIES 2013A BONDS 3,745,000$

KDHE WATER LOAN #2649 585,979$

KDHE WATER LOAN #2813 21,575,224$

2013 PUMPER FIRE TRUCK LEASE 280,916$

TOTAL 26,962,118$

Note: Information is Unaudited

CITY OF ARKANSAS CITY, KANSAS

FINANCIAL SUMMARY

Year-To-Date Ending August 31, 2018

Cash Summary Budget Summary

Not a budgeted fund

Not a budgeted fund

Not a budgeted fund

Not a budgeted fund

Not a budgeted fund

Agenda - cms5.revize.com€¦ · Violations of comment procedure will result in being directed to...

Documents

Transcript of Agenda - cms5.revize.com€¦ · Violations of comment procedure will result in being directed to...